Should really know this but:
I work perm nightshifts on agency usually Sun night through to Thur/Fri night.
If I have a reduced weekly rest of say 37hours on a Thur and then another reduced weekly rest of 39hours(total 76 rest hours) on a Sat in the same calendar week (Mon 0000 to Sun 2400) is my “slate clean” ref owing hours to legally meet the min total 45hours weekly rest 
The next weekly rest do I legally have to take a min 45hours consecutive rest or can I complete the same as above
Big Truck:
Should really know this but:I work perm nightshifts on agency usually Sun night through to Thur/Fri night.
If I have a reduced weekly rest of say 37hours on a Thur and then another reduced weekly rest of 39hours(total 76 rest hours) on a Sat in the same calendar week (Mon 0000 to Sun 2400) is my “slate clean” ref owing hours to legally meet the min total 45hours weekly restThe next weekly rest do I legally have to take a min 45hours consecutive rest or can I complete the same as above
A full weekly rest is only when an unbroken 45 hours is taken off in one go
You can choose which of those two reduced weekly rests will count for that week
Big Truck:
Should really know this but:I work perm nightshifts on agency usually Sun night through to Thur/Fri night.
If I have a reduced weekly rest of say 37hours on a Thur and then another reduced weekly rest of 39hours(total 76 rest hours) on a Sat in the same calendar week (Mon 0000 to Sun 2400) is my “slate clean” ref owing hours to legally meet the min total 45hours weekly restThe next weekly rest do I legally have to take a min 45hours consecutive rest or can I complete the same as above
Assuming that you don’t have any other reduced weekly rest periods to compensate for the slate would be wiped clean by the second reduced weekly rest period.
The first reduced weekly rest period of 37 hours leaves 8 hours compensation to be paid back but the second reduced weekly rest period of 39 hours would be a 31 hour reduced weekly rest period + the 8 hours compensation owed.
Although you’ve had a total of 76 hours weekly rest it still counts that you’ve had a reduced weekly rest period for the week so you would need to have a regular 45 hour weekly rest period in the following week.
ROG:
Big Truck:
Should really know this but:I work perm nightshifts on agency usually Sun night through to Thur/Fri night.
If I have a reduced weekly rest of say 37hours on a Thur and then another reduced weekly rest of 39hours(total 76 rest hours) on a Sat in the same calendar week (Mon 0000 to Sun 2400) is my “slate clean” ref owing hours to legally meet the min total 45hours weekly restThe next weekly rest do I legally have to take a min 45hours consecutive rest or can I complete the same as above
A full weekly rest is only when an unbroken 45 hours is taken off in one go
You can choose which of those two reduced weekly rests will count for that week
Technically he can, but unless the first reduced weekly rest period is counted for the week he will have compensation to pay back, the second reduced weekly rest period cleans the slate as far as compensation is concerned 
So technically the next week I could have two separate 44hour reduced weekly rests (total 88hours rest) and not be legal OR one single consecutive 45hour period of weekly rest and be legal 
If true thats just clean bonkers 
Big Truck:
So technically the next week I could have two separate 44hour reduced weekly rests (total 88hours rest) and not be legal OR one single consecutive 45hour period of weekly rest and be legalIf true thats just clean bonkers
That’s the way it works I’m afraid, as ROG said a regular weekly rest period is a rest period of 45 consecutive hours, though I agree it does seem more than a little daft when you’ve had so much rest.
Big Truck:
So technically the next week I could have two separate 44hour reduced weekly rests (total 88hours rest) and not be legal OR one single consecutive 45hour period of weekly rest and be legalIf true thats just clean bonkers
Technically that is true and yes it does seem bonkers but it’s not really possible to write the rules in such a way that you avoid all bonkers situations.
The common example is that it is possible to take too much break in a shift and render it illegal that way.
Example:
Drive 2h
Break 45min
Drive 2h
Break 30min
Drive 4h
This is illegal because you have driven 6h without a full 45min break. However if you reduce the first break from 45min to 15min it then becomes legal as the 30min break wipes the slate clean after 4h total driving leaving you clear to do the other 4h legally…
I’m sure there are many other examples.
Paul
Here’s another one I find total bonkers:
Agency driver A works part-time and does the following over a two week driving period:
Mon/Wed/Fri/Sun 8hour working shifts(total 32hours) with approx 40hours rest(total 160hours rest/week) between the shifts each time.
He does the same shift the 2nd week.
Agency driver B works full time and does max hours of 3x15/2x13/1x8 (or whatever to stay legal) then takes a reduced 24hour rest(21hours to be paid back before 3rd W/E following) then does the SAME max hours again the 2nd week apart from not working the 6th day and then has a consecutive 45hours weekly rest.
Total two weeks with min 69hours weekly rest.
Agency driver A will get an infringement for not taking a consecutive 45hours rest during the 2nd week even though he probably has approx TRIPLE actual rest hours compared to Agency driver B 
What makes you think that EU beaurocrats can make laws which include common sense?
ROG:
What makes you think that EU beaurocrats can make laws which include common sense?
I live in hope 
ROG:
What makes you think that EU beaurocrats can make laws which include common sense?
Out of interest, do they actually consult the trade RHA/FTA and their counterparts in euro land, or do they just come up with any old B/S just for a laugh?
The issue is that because there are so many different types of driving jobs and so many different shift lengths and shift patterns that whatever rules you make there are going to be odd cases where they don’t make sense.
For example in Big Truck’s example above, you could reduce make some kind of exception that if your total weekly rest was over 60h then as long as at least one bit was 40h then it was fine. But then someone who has a shift pattern that gives him 38h between shifts would be the one feeling hard done by, and everyone else would be moaning that the rules were getting even more complicated…
It is simply not possible to make rules that are straightforward, simple to understand and completely fair and sensible in every possible situation.
Paul
repton:
The common example is that it is possible to take too much break in a shift and render it illegal that way.Example:
Drive 2h
Break 45min
Drive 2h
Break 30min
Drive 4hThis is illegal because you have driven 6h without a full 45min break. However if you reduce the first break from 45min to 15min it then becomes legal as the 30min break wipes the slate clean after 4h total driving leaving you clear to do the other 4h legally…
I’m sure there are many other examples.
Paul
Hi Paul, is this illegal because the digital tacho would reset, and am I right that if you did this on an anologue chart it would be legal ?
Foxstein:
repton:
The common example is that it is possible to take too much break in a shift and render it illegal that way.Example:
Drive 2h
Break 45min
Drive 2h
Break 30min
Drive 4hThis is illegal because you have driven 6h without a full 45min break. However if you reduce the first break from 45min to 15min it then becomes legal as the 30min break wipes the slate clean after 4h total driving leaving you clear to do the other 4h legally…
I’m sure there are many other examples.
Paul
Hi Paul, is this illegal because the digital tacho would reset, and am I right that if you did this on an anologue chart it would be legal ?
The example given by repton would be illegal no matter what type of tachograph your using, the driving time was reset by the 45 minute break and then the last two driving periods total 6 hours driving with only a 30 minute break which does not comply with EU regulations.
The law does not depend on how the tachograph resets the driving time, if it did you could drive all day without a break on an analogue tachograph 
tachograph:
Foxstein:
repton:
The common example is that it is possible to take too much break in a shift and render it illegal that way.Example:
Drive 2h
Break 45min
Drive 2h
Break 30min
Drive 4hThis is illegal because you have driven 6h without a full 45min break. However if you reduce the first break from 45min to 15min it then becomes legal as the 30min break wipes the slate clean after 4h total driving leaving you clear to do the other 4h legally…
I’m sure there are many other examples.
Paul
Hi Paul, is this illegal because the digital tacho would reset, and am I right that if you did this on an anologue chart it would be legal ?
The example given by repton would be illegal no matter what type of tachograph your using, the driving time was reset by the 45 minute break and then the last two driving periods total 6 hours driving with only a 30 minute break which does not comply with EU regulations.
The law does not depend on how the tachograph resets the driving time, if it did you could drive all day without a break on an analogue tachograph
My fault didn’t read the regs before posting 
Foxstein:
Hi Paul, is this illegal because the digital tacho would reset, and am I right that if you did this on an anologue chart it would be legal ?
It would be illegal regardless, in the eyes of the law you have done 6h of driving without a 45 minute break.
Do not make the mistake of taking the driving time on the display of a digital tacho as gospel. The regulations change more often than they update the tacho heads. For example most digital tachos out there will still reset the driving timer if you take 3x15min breaks, even though that hasn’t been legal for quite a few years now (can’t remember exactly when). If for some reason you do take 3x15min then you need to make a note of what the tacho is reading before the end of the last 15min break and add it to whatever the tacho says after to ensure you don’t go over 4.5h total driving before having the 30min break you need to reset your driving timer.
Paul